Dec 8, 2021 · Failure to Disclose Special Assessments. Be sure all voters are qualified. (d) Purchase contract voidable. The first is the regular assessment, best characterized as a monthly payment made for the day-to-day upkeep of the property's common elements. The One of the board's primary duties is the collection of monetary assessments from the individual unit owners. 053 Exception for Certain Advertising 102. When selling a condo with a special assessment, disclosing this information to potential buyers is essential. Jan 2, 2024 · In the state of Florida, the term “special assessment” is specifically defined by Florida Statute 718. " This essentially means whether or not the property owner must pay municipal, county, or state taxes. This requirement is immediate and ongoing. Jun 20, 2019 · Section 718. 1. ## Dealing with Unexpected Assessments. Authorization to disclose The law protects all returns from unauthorized dis-closure and provides severe penalties to safeguard against unauthorized disclosure. 131. The Illinois Residential Real Estate Property Disclosure Act is a statutory law that describes what information must be disclosed by property sellers to the potential property buyers. Sewer systems. These material facts are sometimes referred to as latent defects. –July 2022: the seller puts the condo Mar 6, 2011 · 2. Mar 8, 2019 · After all, failure to properly disclose an anticipated expenditure may affect the association’s ability to collect a special assessment for the expenditure once approved by the Board of Directors. Regular assessments are charged on a consistent basis (like monthly or yearly) to cover general maintenance and expenses. The seller is responsible for paying the cost of all Confirmed Special Assessments in full at Settlement, so long as the amount can be reasonably deter-mined or estimated. This 5% is split evenly among all households; that is, each household is not required to pay 5%. Mar 4, 2024 · Companies are not complying with the new SEC cybersecurity disclosure rules. This pays for expenses not covered by the condominium association’s reserve account or normal budget. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. (1) Special assessments and property taxes shall be assessed against the individual condominium units identified as units of the condominium subdivision plan and not on the total property of the project or any other part of the project, except for the year in which the condominium project was established subsequent to the tax day. , 2023 NY Slip Op. There is a survival section carrying this to post-closing. Code, Sections 4851 through 56), you must: provide buyers with a copy of any Before you sign a real estate contract, or if you have questions about a special assessment levied in your condo, contact the Law Office of Gary M. The most recent financial documents which consist of: (1) annual and most recent balance sheet (2) annual and most recent income and expenditures statement (3) annual budget (4) reserve study, and May 24, 2024 · A seller’s disclosure is a legal document that homeowners must give to potential buyers. Massachusetts law requires only that home sellers disclose the existence of lead paint (see the Massachusetts Lead Paint Statute) and the presence of a septic system (see Title 5 of the Massachusetts Environmental Code ). This is referred to as "out-of-pocket" damages. T. The primary item of damages that the buyer may be entitled to is the economic cost of having to repair or replace the undisclosed or misrepresented condition. Failure to abide by this fundamental principle impedes the progress of the action, causes delay and generally acts to the disadvantage of the opposite party. "Psychologically affected" property disclosure exceptions. 1 for roof repairs needed. I just got a surprise bill in the mail stating there is a $900 special assessment that has been pending for the last year. (A) An owner is not required to disclose the fact or suspicion that a property may be or is psychologically affected, as described in subsection (B). And the cost to fix the defects can be expensive. May 14, 2019 · Additionally, we represent clients in real estate transactions, collections , landlord/tenant issues, and property tax appeals. However, determining whether a failure to disclose constitutes a breach of real estate law depends on various factors. For example, if an unexpected storm destroyed the roof of the complex, and the condominium association’s insurance policy was insufficient to cover Potential Damages. Make sure you comply with provisions in statutes and governing documents for adopting a special assessment. If you have purchased a condo unit and are faced with a surprise Special Assessment, you have legal rights and can fight back. 231 Special assessments and property taxes. All member votes must be recorded in writing if the vote pertains to the election or removal of a board member, an amendment to a declaration, or a regular assessment increase or special assessment. Another common mistake is the failure to fully disclose any pending suits or judgments in which the association is a party. Given that this is the business of your company, it would seem prudent to consult with an attorney to review your company's policy and practices in this Massachusetts law requires only that home sellers disclose the existence of lead paint (see the Massachusetts Lead Paint Statute) and the presence of a septic system (see Title 5 of the Massachusetts Environmental Code ). Defendant concealed from or failed to disclose certain facts to the plaintiff; 2. A buyer of property can claim several types of damages against a seller that failed to disclose problems. Here's the timeline and details: –May / June 2022: there is a vote for the aforementioned special assessment. First, buyers can sue for breach of contract and intentional misrepresentation and seek either rescission of . 253(7)(a) Applications for home site special assessment. Section 3(c) of the Condominium Rider requires the seller of a condominium to make the following representation: “Seller represents that Seller is not aware of any special or other assessment that has been levied by the Association or that has been an item on the agenda, or reported About a month ago, we received a letter regarding a surprise Special Assessment for $2,000 that was ratified the day we went under contract, and this assessment was not disclosed by the seller. e. Learn more about special assessments when buying or selling Mar 15, 2021 · A special assessment is a form of tax levied against land to fund an improvement. ”. 007 Applicability 102. Some HOAs' governing documents allow them to prohibit a homeowner from using any common area until all dues and fees are paid up. 2. Schedule an assessment with our real estate and litigation attorneys. (B) A cause of action may not arise against an owner of real estate in a covered transaction for failure to disclose: Aug 1, 2021 · In these facts and circumstances, we hold that Revenue has failed to show that there was failure on the part of the assessee to disclose all material facts fully and truly. Feb 3, 2022 · You may have a case against the HOA if they did not disclose this on the estoppel and you relied on the estoppel. “Special Assessment” is a dirty word in most HOAs. Special assessments can be charged in most neighborhoods under HOA restrictive covenants. 00594(c). 0058(a). 116 Assessments; liability; lien and priority; interest; collection. Call Brad: 619-550-1321. The failure to disclose offence applies to you if: you are an adult, and. Special assessments are in addition to these regular fees and are typically imposed for larger, unplanned expenses. 57 requires disclosure of things like the possibility of coastal erosion; meaning, that the property is subject to federal, state and local regulations on limitations regarding construction; and there are environmental regulations that apply, such as protections for marine turtles. The burden to disclose common element issues rests with the association, and not the individual unit owners. Since then I have gone through 20 years of property assessments (all that was available online) and all of them showed the property as Class 3 (residential). In California, a seller is required to disclose known material facts and defects that could affect the value or desirability of a property. com to get started. Call 855-537-0500 or visit www. The statute also covers half-truths if there is a duty to speak the truth. Coastal Property Disclosure. 47E, requires the seller of residential real estate (one to four dwelling units) to complete a form—known formally as the Residential Property and Owners' Association Disclosure Statement—disclosing conditions and defects with the property. On top of that, the buyer may be entitled to other damages Common issues that we do come across include is the failure away who Seller to disclose current or pending special assessments in Section 3(c) of that Condominium Rider. Follow all applicable procedures in the governing documents for approving the budget. These elements were upheld in the Florida 2nd DCA case Jul 5, 2023 · In the real estate world, sellers have a legal duty to provide buyers with written disclosures that outline any known defects or material facts about the property. There is the time value of money paid out in the future rather than today. Department of Justice announced Tuesday. Surprise Special Assessments For New Home Owners of Condominium Units in Maryland. I am about to close on a condo unit. Failure to disclose occurs when sellers withhold or misrepresent material facts, leaving buyers unaware of important information that could affect their decision-making process. To be legal, a special assessment must satisfy three criteria: The specific land being assessed must receive a special benefit from the improvement being constructed; The assessment must be uniform upon the same class of property; and; The assessment may not Apr 17, 2019 · Failing to disclose or concealing a defect can lead to a variety of potential damages. 4) the buyer must establish that the seller failed to disclose the defect to the buyer. Note that if in a rapidly appreciating real estate market, the actual value of the Property may Aug 26, 2022 · Real estate disclosure laws differ from state to state, but in most places in the U. However, there are instances when sellers fail to Assessment fees, or HOA fees, are regular payments made by homeowners to the HOA. These drugs have the potential to “significantly impair alertness, judgment, reaction time and behavior, all of which could impair the ability to safely operate an aircraft and May 30, 2017 · An HOA special assessmen t is a fee that is charged to each housing unit within a development, to be used to cover an unexpected expense or other short-term occurrences. The board usually levies these costs only in emergencies, such as unexpected large-scale damages. (1) (a) A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. Jan 20, 2015 · 1. How much of a discount. 010 Civil Penalties 102. These disclosures are designed to protect buyers and ensure they have all the information they need to make an informed decision. Oct 17, 2007 · Seller's Failure to Disclose a Pending Assessment. 32446 (U), upholding a fraud claim for failure to disclose based on the special facts doctrine, explaining: DIRECTV maintains that Nexstar had a duty to disclose that WHAG would lose its NBC affiliation on two grounds. May 31, 2019 · Whether or not the special assessment is large enough to warrant such litigation will likely turn on whether the issue is deemed to be a material "defect" that the seller failed to disclose. A unit owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner. It contains information about the property’s condition, history, and any known issues that could impact its value or safety. Jul 27, 2020 · FAA regulations prohibit the piloting of an aircraft by any person “while using any drug that affects the person’s faculties in any way contrary to safety. Given that this is the business of your company, it would seem prudent to consult with an attorney to review your company's policy and practices in this Apr 24, 2023 · 4. The measure of damages for fraud in the sale of real property is governed by Civil Code §3343 (a). May 31, 2024 · HOA special assessments are extra, “unusual” fees that your HOA board may charge you under certain conditions. Special assessments are charged once for a specific reason. This amount is shared evenly among all households within the HOA, not imposed upon each household—that is, each May 30, 2024 · Each owner in a property owners' association must make these payments. \r\n. (111) An employer may certainly respond to a question from an employee about why a coworker is receiving what is perceived as "different" or "special" treatment by emphasizing its policy of Aug 12, 2023 · Nexstar Broadcasting, Inc. Dec 25, 2023 · The Rule of 5%. Moreover, seller disclosure ensures transparency in real estate transactions. Additionally, you have to disclose the physical The Special Assessment. Common issue that we have come across with is the failure of the Seller to disclose current or pending special assessments in Section 3 (c) of the Condominium Rider. May 15, 2017 · A copy of the latest financial statement, operating budget and Board meeting minutes showing any possible anticipated capital expenditures and/or approval of special assessments, if applicable, should be requested from the seller. ksnlaw. Homebuyers may waive this inspection opportunity. The HOA probably has the power to assess late fees and fines on any unpaid amounts. Failure to pay assessments can result in fines and serious penalties, including foreclosure. Also there is a risk that a condo purchased today may Feb 3, 2024 · The Residential Lead-Based Paint Hazard Reduction Act passed in 1992 requires the disclosure of any lead-based paint or chipped paint in any housing built prior to 1978. The Justice Department had alleged that Stanford “knowingly failed” to disclose Jun 25, 2013 · The proposed legislation would have amended Section 11-135 of the Maryland Condominium Act, as well as Section 11B-106 of the Maryland Homeowners Association Act, to require that any resale contract include a notice of “any potential special assessment that is referenced within the preceding 12 months in” (1) the agenda or minutes of any Sep 4, 2005 · Not only does the seller have to disclose any known problem with his or her unit, the seller also must disclose any known system that is not working in the condominium association. There are generally two types of assessments levied by the board against individual owners. , it is the seller’s duty in good faith to disclose info to a prospective buyer that could affect the CRM 500-999. (See the Pennsylvania Real Estate Disclosure Law or "RESDL" at 68 Pa. SPECIAL ASSESSMENTS The failure to disclose is a breach of the seller’s duties of acting in good faith and fair dealing. § 1001 is often referred to as a false statement statute, its scope extends beyond statements. Make sure you have a full board that is properly elected. A 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. This was not disclosed to me. A purchaser is not liable for any unpaid assessment or fee greater than the amount set forth in the certificate prepared by the association. In 2014, the law in Victoria was changed to create the failure to disclose offence. That happened twice. Nov 27, 2023 · The HOA governing body may not levy a special assessment whose value exceeds 5% of the annual budget. To understand why homeowner's associations (HOAs) sometimes need to collect special assessments, you must first understand how they function financially. This may include issues related to structural integrity, water damage, pest infestations, electrical problems, and more. The failure to disclose a pending or proposed special assessment upfront (or even during the closing process) may trigger a default by the Seller allowing the Buyer an “out” under the contract and possibly the right to recover damages. 914. But, after reviewing the HOA documents, my lender is telling me that there is a special assessment for $160K that has to be borne by the units and it comes to be around $4k per unit. On 2 June 2021, the Crown Prosecution Service (CPS) published updated guidance on prosecuting standalone ‘failure to disclose’ cases under section 330 of the Proceeds of Crime Act 2002 (POCA). § 12-6a20 requires home sellers to disclose whether the property is the subject of any "special assessments. (1) (a) A prospective parcel owner in a community must be presented a disclosure summary before executing the contract for sale. Talk about being circular! This disclosure does not even bother to pose a question and present an answer. Act and when an assessment order u/s 143 (3) or u /s 147 Feb 17, 2021 · North Carolina law requires sellers of residential property to provide the buyer with disclosure forms, including the Residential Property and Owners’ Association Statement. -- Oct 5, 2018 · SECTION 27-50-90. Special assessments approved prior to Closing are the responsibility of the Seller. However, two recent decisions by the Michigan Court of Appeals illustrate important exceptions to the general rule that listing The seller disclosure mentioned that there is no pending special assessments. At the last minute, we received the resale document from the management company. Code § 209. If such assessments exist, you are required to provide the buyer with an approximation of the amount likely Jul 28, 2021 · Follow topic. It is the difference in actual value of what Buyer paid and the actual value of the property received. At the Anti-Money Laundering Supervisors’ Forum in July, the CPS gave a further briefing on The Residential Property Disclosure Act, codified as North Carolina G. Email Brad. 404 (24) as “any assessment levied against a unit owner other than the assessment required by a budget adopted annually. You may be able to sue the seller for the failure to disclose and recover damages. 2) When the assessee has filed a return u/s 139 of the Act or in response to sections 142 (1) or 148 of the I. My offer price was based on this information. Consult with experts in environmental assessments and remediation to ensure accurate disclosures. However, a seller might not disclose a known problem. Oct 4, 2023 · Stanford University has agreed to pay the U. Property covered under the act includes single family homes, multi-family homes up to 4 Jul 27, 2017 · A special assessment for a condominium complex is a charge for an improvement or a repair. 6501(e)(1) provides that the period for assessment of taxes is extended to six years when there has been an omission from gross income on a return of an To prove a Fraud by Non-disclosure, the victim (i. Special assessments approved after Closing shall be the responsibility of the Buyer. Real estate agents and brokers can be held to the same standards as the seller. your failure to pay special assessments or assessments levied by a mandatory homeowners’ association could result in a lien on your property. Nov 3, 2023 · Understanding “Failure to Disclose”. These special limitation period extenders are beyond the scope of this article. What Wisconsin Home Sellers Must Disclose The real estate condition report required under state law prompts the seller to answer a series of questions regarding various aspects of the property. This could be something like mold in the walls that might cause lung issues or anything in the environment that could pose a risk. Special assessments are charged separately from your HOA fees, and they usually arise due to a shortfall in the reserves of the HOA. See paragraph 8(k) of Form 2-T. Prop. Davis for a defect, the buyer must prove that: (1) the seller knew of the defect, (2) the defect materially affects the value of the property, and (3) the defect was not readily observable. I have not closed yet, but we are in contract. In our purchase agreement, it states that the seller was supposed to disclose any pending special assessments. Your real estate agent is likely to provide you with a blank copy of the "Real Estate Condition Report" form, or you can read the required language in The mortgage company covered the escrow overage but then increased the monthly payment to include the increase as well as paying off the overage debt. Read our summary of the updated guidance. The U. 009 Injunction 102. S. To ensure a smooth real estate closing and avoid any potential hurdles when it comes to special assessments on your condo purchase, work with our trusted team at ADS Title Services, Inc. Florida Statute 161. Jan 19, 2017 · A failure described in Rule 37 (d) (1) (A) is not excused on the ground that the discovery sought was objectionable, unless the party failing to act has a pending motion for a protective order under Rule 26 (c). While these are the only two legally required disclosures, you can expect prospective home buyers to ask you questions about 1) the seller had actual knowledge of the property defect; 2) the defect must materially affect the value of the property; 3) the defect must not be readily observable and was unknown to the buyer; and. government nearly $2 million to resolve allegations that it failed to report financial support from foreign sources in applications for federal research grants, the U. Damages are usually a financial award based upon the actual costs to the buyer to repair the Failure to Disclose 102. Failure to disclose offence. you may be obligated to pay special assessments to the respective municipality, county, or special district. Although 18 U. Only the person responsible for counting votes may be allowed access to ballots. 112 (2) (c)1, Florida Statutes, provides (in material part) …written notice of any meeting at which nonemergency special assessments, or at which amendment to rules regarding unit use, will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property Pennsylvania sellers of homes and individual condominium units must, by law, advise potential buyers of the property about "known material defects" that are not readily observable, including structural problems, hazardous substances, and more, before the sale is completed. Your condo has to be at a discount to other comparable condos that do not currently have a special assessment at the moment. In fact, we have found that most real estate agents am not even aware this like section needs to be filled from or that the Seller desire leiden dire consequences if i isn’t. First, DIRECTV characterizes Nexstar’s repeated flaunting of WHAG’s NBC When you sell a home in Colorado, you need to make disclosures under the terms of the Seller’s Property Disclosure statement. It's important for sellers in Colorado to understand their legal obligation to disclose certain information when selling a home in order to protect themselves from liability and ensure compliance with state laws. What constitutes a material fact is usually Aug 22, 2018 · On SCR310/300, the "ADJUSTMENTS" section #22 can impact owners association issues too. Defendant had a duty to disclose the facts to the plaintiff (e. Published December 8th, 2021 by Mila Lopata, P. S Feb 24, 2016 · Therefore, in order to have a claim against the seller under Johnson v. It also impacts on the administration of justice. Jan 9, 2024 · Sample Seller’s Disclosure of Information (PDF) in English (PDF) and in Spanish (PDF) . Listing Broker’s Liability for Failure to Disclose Property Defect. In a community of 20 households for which a 5% special assessment is valued at $20,000, each household would pay $1,000. Apr 26, 2024 · Essential Facts to Know. While boards and managers may view a special assessment as a tool to achieve the funding needs of the homeowners association, to homeowners special assessments are scary: they suggest a threat to financial security and imply possible mismanagement or wrongdoing by The 2023 Florida Statutes (including Special Session C) 720. This article will explore more about HOA 718. Lastly, any neighborhood special assessments or liens must be disclosed at least ten days before closing on the sale of the house. Neglecting to Mention Natural Hazards. General. If the HOA has budgeted $20,000 for the year, it may not levy a special assessment that exceeds $5,000. Aug 12, 2022 · What is the special assessment process? A special assessment usually starts with an idea within the local government. Oct 17, 2002 · The ADA specifically prohibits the disclosure of medical information except in certain limited situations, which do not include disclosure to coworkers. Tex. Landau by email or call 954-979-6566 for a free phone consultation. , plaintiff) must generally prove that the: 1. By law, an HOA cannot impose a special assessment in excess of 5% of the current year’s budgetary allotment. C. ble for paying the cost of any Special Assessment that may be approved after the buyer becomes the owner of the property. 401 Prospective purchasers subject to association membership requirement; disclosure required; covenants; assessments; contract cancellation. If you are selling a home built prior to 1978, before entering into a purchase and sale agreement you must disclose to the buyer any known lead-based paint hazards in the home. All units are being assessed a one time charge of $3000 due in full Nov. They owe the buyer a duty of care according to California statutes. Feb 1, 2015 · These include failure to disclose information about listed transactions or certain foreign transactions. Apr 25, 2017 · The most basic obligation in family law is the duty to disclose financial information. 3. —. The house used to be a rental property and the seller doesn't actually live in the Under the disclosure requirements imposed by statute, the seller must only disclose known conditions about the unit you are considering to buy, and not the entire complex. (March 4, 2015) Historically, Michigan courts have been reluctant to impose upon listing brokers a duty of disclosure to purchasers of real estate. Aug 18, 2022 · Kansas Statute 58-30. The act is primarily concerned with the disclosure of material defects. Typically, city or county officials will introduce improvement projects that are necessary for their jurisdiction. This statement is part of the form contract called the “Contract to Buy and Sell Real Estate” that has been approved by the Colorado Department of Regulatory Agencies (DORA) – Division of Real Estate. The form contains details on lead paint in the property or any Dec 19, 2018 · A list by unit type of the Association’s assessments, including both regular and special assessments as disclosed in the last Annual Disclosure. However, installing new directors who will rescind the special assessment may prove even costlier particularly if the prior board has signed repair contracts. Securities and Exchange Commission finalized new cybersecurity disclosure rules in 2023 to improve investor Feb 3, 2023 · In that case, the Florida Supreme Court held that “Where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer. 559. The form requires acknowledging defects with the roof, plumbing, electrical system and more. 4. 6. 054 Accessibility and Use of Witness Testimony Mar 19, 2021 · We are being sued buy the buyers of our home for an HOA assessment that took place 5 or 6 months after the sell of the home. (3) Types of Sanctions. Real estate attorney Gary Landau personally returns all calls to him. In real estate sales, there is a legal duty for sellers to disclose important information about the property. You will need to take all of your documentation to a real estate litigator who can give you a proper assessment based on these documents and the defects. Most commonly, these are projects to repair or build: Streets. These assessments are additional fees charged by the condo association, separate from the regular monthly Apr 24, 2023 · 4. Each of these elements must be analyzed individually, as each comes with its own Home Seller's Federal Disclosure Requirements. Under these requirements (found at 42 U. 008 Disciplinary Action 102. (4. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin. The statute proscribes the acts of making false statements, falsifying, concealing or covering up. Sec. Give us a call today at 305-443-7211 for more about how we can help. A special assessment for selling a condo refers to an additional fee imposed on owners for unexpected expenses or renovations. The Lead-Based Paint Disclosure Form is one of the most important federal disclosure requirements in Colorado. These fees cover the costs of maintaining common areas, providing amenities, and other operational expenses. If a seller does not disclose any issues or known defects that would make the property less appealing to buyers or real estate agents, then the buyer may file a lawsuit against the seller. all assessments are subject to periodic change. Jul 24, 2019 · A seller's failure to disclose certain defects about their home is unfair to the buyer. ORS 308A. , defendant created a false impression or defendant was a fiduciary); 3. 106 states that you, or your real estate agent on your behalf, must disclose any environmental hazards that exist within or on the property. Ann. (303) 688-0944. Properties located in areas prone to natural disasters, such as floods, earthquakes, wildfires, or hurricanes, require special attention in disclosure. Taxpayers, however, may authorize the disclosure of all or part of their records to certain individuals in a number of What the HOA can do by way of enforcement if you refuse to pay is also determined by the governing documents. In most community developments, the HOA is responsible for running the place, including maintaining, repairing, and replacing equipment or other features in all the common areas. 011 Suit for Injunctive Relief or Assessment of Civil Penalty 102. you have information that leads you to form a ‘reasonable belief’ that another adult has sexually offended against a child under 16 in Victoria. Jan 18, 2022 · Sometimes owners who don’t want a special assessment think they can stop the special assessment by recalling the board who passed it. A. In Maryland, legal remedies exist for the failure to disclose latent defects and material facts. Concealment--Failure to Disclose. We knew there were issues with the moisture barrier of some of the homes in the neighborhood but our home had no such issues (this was disclosed). 052 Applicability to Physicians 102. Sep 13, 2022 · Failure to do so could mean the entire payment may be the responsibility of the seller. Sanctions may include any of the orders listed in Rule 37 (b) (2) (A) (i)– (vi). Shutter sales Q The special assessment of 575 a month for 8 years is $55k in total. While these are the only two legally required disclosures, you can expect prospective home buyers to ask you questions about Finally, Kansas Stat. g. Did you ask the seller if there are any special assessments Oct 27, 2017 · An increasingly common issue involves condominium association assessments and when they need to be disclosed. 051 Soliciting Patients 102. You’re subject to a special assessment if May 31, 2019 · Whether or not the special assessment is large enough to warrant such litigation will likely turn on whether the issue is deemed to be a material "defect" that the seller failed to disclose. 5. mj ap vj zo iy ud of qf zj aa